Wednesday, November 22, 2017 - 4 Rabi' al-Awwal 1439

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My father wrote a will for my mother to take all the inheritance after his death. Is this lawful?

My father wrote a will for my mother to take all the inheritance after his death. Is this lawful?

Answer

The opinion implemented for fatwa and by law in Egypt is as follows:

- According to the opinion that permits making bequests to a legal heir, the mother receives one-third of the estate because a bequest can only be implemented within this limit.

- It is permissible for the mother to receive the entire estate if the heirs are not minors and agree to execute their father's instructions.

- If there are minors among the heirs or if some or all of them insist on receiving their shares, then the rest of the estate, after deducting one-third, is divided among them with the males receiving the equivalent share of two females.

- If some of the heirs insist on receiving their shares in the estate while others waive their right in favor of their mother, or if some of the heirs are minors, then the mother receives only the shares of those who waived their shares in her favor. However, it is impermissible for the mother to take the shares of those who insist on receiving them or those of minors.
 

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